The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2015

Modifications to the Leave Regulations for the purposes of adoptions from overseas

10.—(1) Regulation 3 (interpretation) is modified as follows.

(2) In paragraph (1)—

(a) for the definition of “A” substitute—

““A”, in relation to C, means the person by whom C has been or is to be adopted, or, in a case where two people have adopted C jointly, whichever of them has elected to be the adopter for the purposes of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002(1);”;

(b) for the definition of “AP” substitute—

““AP” means the person who at the date on which C enters Northern Ireland is married to, or the civil partner or the partner of, A;”; and

(c) insert the following definitions in the appropriate places alphabetically—

““enter Northern Ireland” means enter Northern Ireland from outside the United Kingdom in connection with or for the purposes of adoption;”;

““official notification” means written notification, issued by or on behalf of the relevant central authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of C, or that it has issued a certificate and sent it to that authority, confirming, in either case, that A is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent;”;

““relevant central authority” means—

(a)

where the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003(2) apply to A and A is habitually resident in Northern Ireland, the Department of Health, Social Services and Public Safety; and

(b)

in any other case, the Secretary of State.”.

(1)

S.R. 2002 No. 377; election is dealt with in regulation 2(4)(c) of those Regulations.

(2)

S.R. 2003 No. 16